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WARNER v. DESIGN AND BUILD HOMES, INC.

No. 30722-7-II.

114 P.3d 664 (2005)

Curtis E. WARNER and Ana T.C. Warner, husband and wife, Appellants, v. DESIGN AND BUILD HOMES, INC., a Washington Corporation; Betty Siemens Eades; Ronald H. Kruse and Karen Kruse, husband and wife; Omega Pacific Lath & Plaster, Inc., a Washington Corporation; Unknown Subcontractors identified as A to Z; and DJR Framing, a Washington business, Respondents, Nash Landscaping, a Washington Corporation; North Country Concrete, a Washington corporation; RK Construction, a Washington business; TJ Roofing, an Oregon Corporation; and Sunrise Gutter Service, Inc., a Washington Corporation, Third-Party Defendants.

Court of Appeals of Washington, Division 2.

Publication Ordered June 28, 2005.

Attorney(s) appearing for the Case

Keith Hisao Hirokawa, David Max Phillips, Mark Alan Erikson, Mark A. Erikson Attorney at Law PLLC, Vancouver, WA, for Appellants.

Steven A. Kraemer, Mark Elgin Olmsted, Attorney at Law, Janet M. Schroer, Hoffman, Hart & Wagner, Robert E. Sabido, Thomas M. Christ, Cosgrove, Vergeer, Kester, LLP, Portland, OR, Alfred E. Donohue, Ray P. Cox, Forsberg & Umlauf PS, Seattle, for Respondents.

Steven A. Kraemer, Ruth Casby Rocker, Hoffman, Hart & Wagner, Portland, OR, for Plaintiff Design & Building Homes Inc.

Christopher John Drotzmann, Portland, OR, for Defendant TJ Roofing.

QUINN-BRINTNALL, C.J.

¶ 1 After Curtis and Ana Warner discovered structural defects and significant mold growth in their new home, they sued Design and Build Homes, Inc. (Design) and Omega Pacific Lath & Plaster, Inc. (Omega). The Warners asserted that Design, as the builder-vendor, had breached the implied warranty of habitability. As to Omega, the subcontractor, the Warners maintained that they were third-party beneficiaries under the contract between Omega...

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